· 4/13/1999
Wayne Ronald Simmons v. Oce-Usa, Inc.
Citations
- 174 F.3d 913
- 1999 U.S. App. LEXIS 6979
- 76 Empl. Prac. Dec. (CCH) 46,149
- 80 Fair Empl. Prac. Cas. (BNA) 1029
- 1999 WL 211916
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Assuming that Simmons presented a prima fade case under McDonnell Douglas, Oce’s. presentation of comprehensive performance ratings articulated a non-discriminatory reason for terminating Simmons.”
- stating that where the “statements and the adverse employment decision were not close in time, [the plaintiff] must establish a causal link between the comments and his termination”
- finding events two years prior to adverse employment decision would not support an inference of discrimination
- finding offensive comments made one to two years before adverse employment action were not evidence of discrimination
- finding offensive racial remarks made two years prior to employment decision were unrelated to decision-making process
- where the plaintiff failed to establish direct evidence of discrimination, the case was analyzed in the alternative under the McDonnell Douglas “circumstantial evidence” paradigm
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Loken, Arnold
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.